8.4-4 Breach of the Peace in the Second Degree -- § 53a-181 (a) (3)
Revised to June 12, 2009
The defendant is charged [in count __] with breach of the peace in the second degree. The statute defining this offense reads in pertinent as follows:
a person is guilty of breach of the peace when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person threatens to commit any crime against another person or such other person's property.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Intent
The first element is that the defendant
acted with the intent to cause inconvenience, annoyance or alarm. The predominant intent must be to cause what a reasonable person operating under contemporary community standards would consider a disturbance to or impediment of a lawful activity, a deep feeling of vexation or provocation, or a feeling of anxiety prompted by threatened danger or harm. <See Intent: Specific, Instruction 2.3-1.>
recklessly created a risk of causing inconvenience, annoyance or alarm. A person acts "recklessly" with respect to a result or circumstances when (he/she) is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstances exist. <See Recklessness, Instruction 2.3-4.>
The words "inconvenience, annoyance or alarm" refer to what a reasonable person operating under contemporary community standards would consider a disturbance to or impediment of a lawful activity, a deep feeling of vexation or provocation, or a feeling of anxiety prompted by threatened danger or harm.1
Element 2 - Threat
The second element is that the defendant threatened to commit a crime against another person or (his/her) property. The state claims that the defendant threatened to commit the crime of <identify crime> against <identify other person or the property>. This crime is defined by statute as <read applicable statute>.
A threat can only be punishable when it is a true threat, that is, a threat that a reasonable person would understood as a serious expression of an intent to harm or assault, and not as mere puffery, bluster, jest or hyperbole. In determining whether the threat is a true threat, consider the particular factual context in which the allegedly threatening conduct occurred which could include the reaction of the person allegedly being threatened and the defendant's conduct before and after the allegedly threatening conduct.2